Lianopolous v. Church of Our Savior

Appellate Division of the Supreme Court of New York

Lianopolous v. Church of Our Savior

111 A.D.2d 908, 490 N.Y.S.2d 612, 1985 N.Y. App. Div. LEXIS 50177

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 24, 1985

StatusPublished

This text of 111 A.D.2d 908 (Lianopolous v. Church of Our Savior) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lianopolous v. Church of Our Savior, 111 A.D.2d 908, 490 N.Y.S.2d 612, 1985 N.Y. App. Div. LEXIS 50177 (N.Y. Ct. App. 1985).

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Opinion

In an action to recover damages for personal injuries, etc., plaintiffs appeal from an interlocutory judgment of the Supreme Court, Westchester County (Walsh, J.), entered January 25, 1984, which, upon a jury verdict, apportioned liability 60% against the plaintiff George Lianopolous and 40% against the defendant.

Interlocutory judgment affirmed, with costs.

Res ipsa loquitur may be charged to the jury if the facts, as established by the plaintiffs’ evidence, would permit an inference of negligence on that theory (Cornacchia v Mount Vernon Hosp., 93 AD2d 851). At trial, plaintiffs introduced evidence of specific acts of negligence, as well as circumstances from which negligence could be inferred. Defendant produced evidence tending to show that plaintiff George Lianopolous’ own culpable conduct caused his accident. Under these circumstances, it was not error for the court to charge the jury on the issue of Mr. Lianopolous’ culpable conduct, in addition to the res ipsa loquitur theory. The jury verdict was amply supported by the evidence. Mollen, P. J., Lazer, Mangano and Brown, JJ., concur.

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In an action to recover damages for personal injuries, etc., plaintiffs appeal from an interlocutory judgment of the Supreme Court, Westchester County (Walsh, J.), entered January 25, 1984, which, upon a jury verdict, apportioned liability 60% against the plaintiff George Lianopolous and 40% against the defendant.

Interlocutory judgment affirmed, with costs.

Res ipsa loquitur may be charged to the jury if the facts, as established by the plaintiffs’ evidence, would permit an inference of negligence on that theory (Cornacchia v Mount Vernon Hosp., 93 AD2d 851). At trial, plaintiffs introduced evidence of specific acts of negligence, as well as circumstances from which negligence could be inferred. Defendant produced evidence tending to show that plaintiff George Lianopolous’ own culpable conduct caused his accident. Under these circumstances, it was not error for the court to charge the jury on the issue of Mr. Lianopolous’ culpable conduct, in addition to the res ipsa loquitur theory. The jury verdict was amply supported by the evidence. Mollen, P. J., Lazer, Mangano and Brown, JJ., concur.

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Bluebook (online)

111 A.D.2d 908, 490 N.Y.S.2d 612, 1985 N.Y. App. Div. LEXIS 50177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lianopolous-v-church-of-our-savior-nyappdiv-1985.

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